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HomeMy WebLinkAboutCC MINUTES 1996 03 04MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 4, 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:00 P.M. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Worley. �,... INVOCATION The Invocation was given by Dr. Lloyd Strelow, Peace Lutheran Church. ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Council Absent: Jeffery M. Thomas City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Valerie Crabill, Chief Deputy City Clerk Dave Gottlieb, Redevelopment Project Manager Scott Reekstin, Associate Planner Rita Westfield, Asst.. Dir./Community Dev. Bettie Correa, Senior Personnel Analyst Rick Zimmer, Redevelopment Program Manager Gary Veeh, Water Services Manager Approximately 80 in the audience PUBLIC INPUT U-TURN AT JAMBOREE/IRVINE Charlie Mazza, representing Tustin Ranch Plaza Shopping Center merchants, requested installation of a U-turn at Irvine Boulevard and Jamboree Road to provide easier customer access to the Tustin Ranch Plaza Shopping Center. Tim Serlet, Director of Public Works, stated staff would investigate and submit a report at the March 18, 1996 Council meeting. CITIZEN COMPLAINT - ECONO LUBE N TUNE Irwin Gross, 125 N. "B" Street, Tustin, complained about the Econo Lube N Tune, 155 W. First Street, conducting business on Sunday, early morning operation on Sunday, size/color of signage, and outdoor work causing excessive noise. Mayor Potts directed staff to investigate the complaints. PUBLIC HEARING ( ITEM 1 ) 1• INTERIM URGENCY ORDINANCE - WIRELESS COMMUNICATION FACILITIES Scott Reekstin, Associate Planner, reported on the growth of the wireless communication industry and the increased number of wireless communication facilities; Tustin Municipal Code provisions did not adequately address the potential impacts of the increased number of facilities citywide; several wireless communication facilities currently existed in the City; the City Code categorized the facilities as public utility or privately operated facilities; public facilities required design review approval and were permitted in all zoning districts; privately CITY COUNCIL MINUTES Page 2, 3-4-96 operated facilities were permitted only in industrial districts with conditional use permit approval and subject to distance criteria, maximum heights, and other restrictions; the purpose of the proposed interim urgency ordinance was to protect the health, safety, and welfare of the community through establishment of criteria and guidelines ensuring public wireless communications facilities' compatibility with surrounding uses; staff discussions with wireless communications providers; the proposed ordinance would create a two tier system categorizing the facilities as minor or major facilities based on size and type of facility; minor facilities would require design review approval in all cases and would be prohibited on residential properties; major facilities would require design approval and conditional use permit approval by the Planning commission and prohibited in residential areas; facility location requirement of a minimum of 300 feet from residential areas, 100 feet from other facilities and within certain industrial districts; the proposed interim urgency ordinance would establish criteria for screening, sign restrictions and accessory equipment; a comprehensive amendment of the City's zoning code addressing wireless communication facilities was in progress; the zoning code amendment was expected to be an IS month process; the urgency ordinance was only effective for 45 days; and the necessity to extend the urgency ordinance for a maximum of 22 months and 15 days, as provided by state law. He noted several modifications to the ordinance including Page 5, Section 3d, amending 30 days to 60 days; and the addition of No. 3f stating, All public wireless communications facilities to be located during the term of this interim ordinance within City of Tustin right-of-way or on property owned by the City of Tustin shall be exempt from the interim regulations and guidelines contained herein." Council/staff discussion followed regarding wireless facilities in the public right-of-way. Scott Reekstin clarified additional language modifications to the ordinance. Council/staff discussion followed regarding the increased number of applications for wireless communications facilities required adoption of an urgency ordinance to regulate the facilities. Mayor Potts stated his concern with expediting action on the issue particularly with the number of changes made to the ordinance; allowing Council adequate time to review modifications; the large size of the facilities; and requirements for reduction of future wireless facilities. Councilmember Saltarelli stated his concern with pending facility applications; the lack of current regulations; residents installing antennas before enactment of the urgency ordinance; incorporation in the City's or of regulations enacted by local agencies; and he supported the proposed interim ordinance. Council/staff discussion followed regarding that the five-year monitoring period could provide an opportunity to work with applicants on facility size reduction; and the necessity of future refinements of the ordinance with changing technology. Mayor Potts opened the public hearing at 7:25 p.m. The following member of the audience stated his concern with the five-year review period and requested this item be continued to allow additional discussion: Dan Hare, Los Angeles Cellular Telephone Company, Council/speaker discussion followed regarding changing technology; analogue systems required antennas; other agencies had extended monitoring periods; the City's proposed five-year monitoring period was inadequate; and the number of analogue telephones and estimated phase out timeline. CITY COUNCIL MINUTES Page 3, 3-4-96 The following member of the audience spoke reaffirming that Cox California PCS was exempt from the urgency interim ordinance because they held a Pioneering Preference license; and requested a meeting with staff to discuss their operation: David Colgan, Cox California PCS representative (submitted a letter) r-. There were no other speakers on the subject and the public hearing was closed at 7:35 p.m. Council/staff discussion followed regarding the distinction between private and public wireless communications facilities. Councilmember Saltarelli stated that the design review process would insure aesthetically acceptable facilities; the Community Development Director would not require system changes without utilizing the review process; and suggested amending the monitoring program guidelines to stipulate Council had final approval of facility changes. Council/staff discussion followed regarding that changes imposed through the monitoring program would be subject to a public hearing, applicant input, and the appeal process, if necessary; maintaining the five-year monitoring program; and final action on proposed changes to wireless facilities would be approved by Council. Lois Jeffrey, City Attorney, stated the ordinance could be modified to read, "The Director of Community Development or the Planning Commission, as applicable, may recommend a condition of approval to be able to modify existing conditions, or impose new conditions as part of this review to protect the public health, safety and welfare, which condition shall be subject to approval of the City Council." Council discussion followed regarding that Council review and approval of imposed changes provided improved customer service to applicants; and the Planning Commission would recommend facility changes to Council. It was moved by Saltarelli seconded by Worley, that Ordinance No. 1163 have first reading by title only and introduction, as modified to include all changes recommended by staff and inclusion Of City Attorney language: "The director or planning commission, as applicable, may recommend a condition of approval to be able to modify existing conditions, or impose new conditions as part of this review to protect the public health, safety, and welfare, which condition shall be subject to the approval of the City Council." Motion carried 4-0, Thomas absent. It was moved by Doyle seconded by Worley, to adopt Ordinance No. 1163, as modified. The City Clerk read the following Ordinance No. 1163 by title only: ORDINANCE NO. 1163 - AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING INTERIM REGULATIONS FOR PUBLIC WIRELESS COMMUNICATION FACILITIES IN THE CITY OF TUSTIN Motion carried 4-0, Thomas absent (roll call vote) . 800-80 CONSENT CALENDAR (ITEMS 2 THROUGH 6) It was moved by Doyle secondedby Saltarelli, that the Consent Calendar be approved as recommended by staff. Motion carried 4-0, Thomas absent. 2• APPROVAL OF MINUTES - FEBRUARY 20, 1996 REGULAR MEETING Recommendation: Approve City Council Minutes of February 20, 1996. CITY COUNCIL MINUTES Page 4, 3-4-96 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $723,628.54 and ratify Payroll in the amount of $327,961.31. 380-10 360-82 4. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 26, 1996 All actions of the Planning Commission become final unless appealed by the. City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of February 26, 1996. 120-50 5. AWARD CONTRACT FOR WATER MAIN REPLACEMENT ON 17TH STREET AT SR -55 FREEWAY - PROJECT NO. 600127 Recommendation:. Award the contract for the subject project to B.R. Day Construction, Inc. of Covina, California, in the amount of $176,054.00 as recommended by the Public Works Department/Water Division. 400-45 6. REQUEST FOR PERMIT PARKING ON CINDY LANE AND LETTY LANE Recommendation: Approve the request for permit parking on Cindy Lane and Letty Lane, and direct staff to prepare the necessary documentation to amend City Code Section 5331 to designate these streets with on -street parking by permit only as recommended by the Public Works Department/Engineering Division. 770-15 REGULAR BUSINESS ( ITEMS 7 THROUGH 10 ) 7. ORDINANCE NO. 1162, MILITARY BUY BACK OPTION It was moved by Saltarelli, seconded by Worley, that Ordinance No. 1162 have second reading by title only. Motion carried 4-0, Thomas absent. Following second reading by title only of Ordinance No. 1162 by the City Clerk, it was moved by Saltarelli, seconded by Worley, to adopt the following Ordinance No. 1162: ORDINANCE NO. 1162 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Motion carried 4-0, Thomas absent (roll call vote). 400-75 S. BOYS AND GIRLS CLUB OF TUSTIN GRANT REQUEST FOR YOUTH ROLLER HOCKEY PROGRAM It was moved by Worley, seconded by Do le, to approve a $5,000 appropriation to the Boys and Girls Club of Tustin for the Youth Roller Hockey Program. 330-20 Motion carried 4-0, Thomas absent. 9. TUSTIN HIGH SCHOOL GRAD NITE FUNDING REQUEST Pete Seitz, representing Tustin High School Grad Nite Committee, reported that at the February 20, 1996 Council meeting, he requested a $4,000 donation for the Tustin High School Grad Nite and Council had instructed him to contact the Tustin Public Schools Foundation to ascertain if they could provide financial support. He stated that he met with the Schools Foundation and due to their charter and bylaws, they were unable to approve a contribution; therefore, the 1996 Grad Nite Committee was requesting a $4,000 donation for Tustin High School Grad Nite. Councilmember Saltarelli stated that he had also contacted the Schools Foundation who explained that funding was used for curriculum and classroom needs; noted the City's donation last year of $3;000 for Tustin High Grad Nite; he believed the requested donation was justified on the health and safety of graduating seniors; he supported a.$3,000 or $4,000 donation; and that because other funding sources were unable to contribute to Grad Nite, he suggested a compromise City donation of $3,000. CITY COUNCIL MINUTES Page 5, 3-4-96 Pete Seitz stated that Tustin High Grad Nite Committee was supportive of all Grad Nites; encouraged Council to require Foothill High School to make their own donation request known to Council; and stated the decrease in the Tustin High School senior class size resulted in lower Grad Nite ticket sales. Mayor Potts stated that until last year, Foothill High School had received a smaller City donation for Grad Nite because the school was not located in Tustin; said that students residing in the Tustin High School district were attending Foothill High School; noted his desire to showcase Tustin High School; and stated he was unwilling to donate equal funding to Foothill High School Grad Nite because of their increased student enrollment. Mayor Pro Tem Worley said that Foothill High School was a part of the Tustin Unified School District; stated it would be unfair to donate different amounts to each school; supported Grad Nite but not at taxpayers' expense; noted contacts she had made revealed that the majority of people opposed having their taxpayer dollars spent on Grad Nite parties; opposed supporting a $4,000 donation but would consider a smaller contribution; and reiterated that both high schools should receive equal donations. Council/speaker discussion followed regarding Mothers Against Drunk Driving support of Grad Nite; many taxpayers were supportive of Grad Nite activities; academic school programs in need of funding; elaborate Grad Nite events; contacting businesses for funding support; fund raising events held for Grad Nite; the loss of bingo as a major fund raising contributor to Tustin High Grad Nite; and Grad Nite shortfall. Councilmember Doyle stated he would support a $2,000 donation; and OWN" noted that the City could not financially respond to every request from the community. Council/speaker discussion followed regarding a compromise of a $3,000 City donation; Grad Nite Committee planning for future cost savings; and recycling Grad Nite decorative sets between high schools. It was moved by Potts seconded by Saltarelli, to donate $3,000 to the 1996 Tustin High School Grad Nite. Motion carried 4-0, Thomas absent. 330-20 10. REHABILITATION OF TUSTIN HIGH SCHOOL OUTDOOR BASKETBALL COURTS, SOUTHWEST CORNER OF SAN JUAN STREET AND ORANGE STREET Councilmember Doyle remarked on exploring cost for removing the asphalt from the basketball courts and planting grass; and strongly orposed City funding basketball court refurbishing because citizens could not utilize the courts during school hours. Mayor Pro Tem Worley stated she supported the City funding the refurbishment of the courts because of the lack of parks in the area, density, number of children residing in the area, blight conditions, and the importance of the school's appearance and its affect on the surrounding homeowners and businesses; and drafting a joint agreement with the school district for public after-school use. Councilmember Saltarelli stated his support for funding the court refurbishment; the significance of the partnership between the school district and the City to provide recreational opportunities for the community; the expenditure of City funds was appropriate in order to improve the appearance and condition of the courts; the importance of providing recreational facilities for youth after school hours; and children, as citizens of the community, would utilize the courts during school hours, as well as the public's use after school hours, made the project an appropriate expenditure. CITY COUNCIL MINUTES Page 6, 3-4-96 It was moved by Saltarelli seconded bv-Worley, to direct staff to negotiate a Construction Cost Sharing and Joint Use Agreement with the Tustin Unified School District. Mayor Potts stated that it was the school district's responsibility to maintain school facilities; commented on the school district's budget maintenance deficit; pledged his support to the school board to help maintain and showcase all the schools located in south Tustin; the importance to the community of maintaining Tustin schools; he opposed an equal donation to Foothill High School Grad Nite; partnership with the school district to provide recreational facilities to the community; drafting a joint use agreement with the school district for public use of the courts; commended the Tustin Unified School District; and repeated his goal to showcase Tustin High School. William Huston, City Manager, clarified that upon a finding of benefit, funding would be appropriated from the South Central Project Area, and that refurbishing would not proceed without a joint use agreement with the school district. Mayor Potts requested the court refurbishing be completed by summer; hire a park leader to supervise recreation activities on the courts; and the basketball courts would provide a place for children to play and keep them off the streets. Motion carried 3-1, Doyle opposed, Thomas absent. 1010-40 PUBLIC INPUT - None OTHER BUSINESS COMMENDATION - POLICE DEPARTMENT Councilmember Doyle commended the Police Department on the arrest of suspects in the recent murder at Tustin High School. Mayor Potts, Mayor Pro Tem Worley, and Councilmember Saltarelli commented that the suspects were predators and increased lighting and repaving of recreational courts would not have prevented the murder; and commended the Police Department on the arrest. CONTINENTAL CABLEVISION Mayor Potts stated he was working with Continental Cablevision and the owners of Tustin Gardens to provide cable service to residents. MEASURE S Mayor Potts requested agendizing at the March 18, 1996 Council meeting, a resolution to support Measure S which opposed an airport at Elte an Marine internationalatairport opposition Adelanto; and airport; suppor supported a ground transportation hub at E1 Toro. Councilmember Saltarelli stated his concern regarding the City taking a position on the airport issue at E1 Toro Marine base because of the pending Tustin Marine Corps base closure. LOCAL ORDINANCE VIOLATIONS Mayor Potts commented on a letter from Mayer, Coble and Palmer which stated the Orange County District Attorney would be unable to provide prosecution for local ordinance violations and offered services of their law firm; and he stated that code enforcement should be under the jurisdiction of the Police Department. COMMITTEE REPORTS - None CITY COUNCIL MINUTES Page 7, 3-4-96 CLOSED SESSION Mayor Potts announced that the City Council would session to confer with the City Attorney and Special W.D. Franks vs. City of Tustin, WCAB No. AHM 0040436; the City Manager regarding compensation for management ADJOURNWENT convene in closed Counsel regarding and to confer with employees. Mayor Potts adjourned the meeting at 8:25 of the City Council was scheduled for Monday, March 18 next 996 g at 7:00 p.meeting in the Council Chambers at 300 Centennial Way. 'm' JIM POTTS, , OR P LASTOKER, CITY �CLEW��